HomeMy WebLinkAboutMODIFICATION OF STANDARD - OLDE TOWN NORTH - 28-99 - CORRESPONDENCE - PUBLIC NOTICE• Page 2
November 18, 1999
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Modification Request and the Municipal Code. The Municipal and Land Use Codes were not,
therefore, properly interpreted and applied.
Our request is that the approval language be modified to accurately reflect City Planning
Staff recommendation that "This modification shall only be valid if the project qualifies as
an affordable housing project as defined in the Land Use Code."
Sincerely,
C
Monica Sweere
President
Palladian Construction Company, Appellant
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CONSTRUCTION COIviPAN
November 18, 1999
Fort Collins City Council
C/O City Clerk
Post Office Box 580
Fort Collins, Colorado 80522
RE: Olde Town North Notice of Appeal
Dear Mayor Martinez and City Council Members,
On November 4, 1999, The Fort Collins Planning and Zoning Board approved a Zoning
Modification Request pertaining to Olde Town North Subdivision. This letter is intended to
serve as written notice of appeal in order to ask City Council to modify the decision of the
Planning and Zoning Board.
As the developer of this project and as the party who made the Zoning Modification Request,
please consider changing the P&Z decision on the following grounds:
In granting the modification, the P&Z Board must find: Municipal Code (a) the granting of
the modification would neither be detrimental to the public good nor impair the intent of the
Land Ilse Code and (b) the granting of a modification from the strict application of any
standard would result in a substantial benefit to the city by reason of the fact that the proposed
project would substantially address an important community need specifically and expressly
defined and described in the city's Comprehensive Plan, adopted policy, ordinance or
resolution (such as, by way of example only, affordable housing or historic preservation) or
would substantially alleviate an existing, defined and described problem of city-wide concern,
and the strict application of such a standard would render the project practically infeasible,
The Planning and Zoning Board approved our Modification Request but added an additional
requirement that "the percentage of dwelling units required to be `affordable housing units' is
changed from ten (10) percent to fifty (50) percent." Such a requirement is in excess of the
Land Use Code (Article 5 page 5) requirement that at least ten (10) percent of said dwelling
units or spaces are to be available for rent or purchase on the terms described in the
definitions of affordable housing unit for rent or affordable housing unit for sale.
Such a requirement of fifty (50) percent is not consistent with the intent of a requirement of
ten (10) percent as stipulated in the Land Use Code. Additionally, the fifty percent
requirement renders the project practically infeasible, which is contrary to the purpose of our
Post Office Box 270053 ♦ Fort Collins, Colorado 80527-0053 ♦ (970) 229-9033
414 h A i h 4 ---RA I n .. n L. .-A
City C. _ k
City of Fort Collins
NOTICE
The City Council of the City of Fort Collins, Colorado, on Tuesday, January 11, 2000 at 6:00 p.m.
or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall
at 300 LaPorte Avenue, will hold a public hearing on the attached appeal from the decision of the
Planning and Zoning Board made on November 4,1999 regarding the Olde Town North Subdivision
(#28-99), filed by Monica Sweere. You may have received previous notice on this item in
connection with hearings held by the Planning and Zoning Board.
If you wish to comment on this matter, you are strongly urged to attend the hearing on this appeal.
If you have any questions or require further information please feel free to contact the City Clerk's
Office (221-6515) or the Planning Department (221-6750).
Section 2-56 of the Code of the City of Fort Collins provides that a member of City Council may
identify in writing any additional issues related to the appeal by January 4. Agenda materials
provided to the City Council, including City, staffs response to the Notice of Appeal, and any
additional issues identified by City Councilmembers, will be available to the public on Thursday,
January 6, after 10:00 a.m. in the City Clerk's Office.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs, and activities and will make special communication arrangements for persons with
disabilities. Please call the City Clerk's Office (221-6515) for assistance.
si" � - ".
Wanda M. Krajicek
City Clerk
Date Notice Mailed:
December 17, 1999
cc: City Attorney
Planning Department
Planning and Zoning Board Chair
Appellant/Applicant
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6515 • FAX (970) 221-6295